Kapiri Mposhi Magistrate, Edward Banda has ordered for the deportation of a 17-year-old boy to Mozambique, his country of origin, for unlawfully entering and staying in Zambia.
ZANIS reports that the juvenile was in court charged with one count of unlawful presence in Zambia contrary to sections 11 (2) (3) and 56 (1) of the Immigration and Deportation Act number 18 of 2010 of the Laws of Zambia.
Particulars of the offense are that the juvenile being a Mozambican national unlawfully entered in Zambia without a valid boarder pass and resident permit allowing him to stay or enter Zambia.
The minor who resides in Zumbo district, Mozambique, was arrested on February 14, 2020 in Kapiri Mposhi at Luanshimba check point by immigration officers who were checking immigration compliance aboard a bus from Lusaka to Kasumbalesa.
And the juvenile admitted the charge.
When the matter came up for ruling today, Assistant Social Welfare Officer, Kelvin Munyama, who is the probation officer, applied for absolute discharge of the juvenile and subsequent handover to the Zambian immigration for his safe repatriation to his country of origin, Mozambique.
In a social welfare report on the minor, Mr Munyama told the court that the juvenile though born to a Zambian father, who is since late, and a Mozambican mother had no right to enter or stay in Zambia without a valid boarder pass and resident permit respectively.
Mr Munyama identified the minor’s late father as Pakanati Tembo who stayed in Feira district and his mother as Agnes Jam Jialous who is currently staying in Timani-Moto area in Zumbo district of Mozambique.
He told the court that the juvenile was born in Mozambique and stays with his mother stating that he frequently crosses into Zambia to sell dried fish in Lusaka and Kasumbalesa.
Mr Munyama cited the United Nations Convention on the Rights of a Child (UN CRC) Part 1, Article 3 principle on the “Best interest of child” and recommended for the repatriation of the juvenile offender to his country of origin without any punishment.
Magistrate Banda granted the application ordering that the juvenile be handed over to the Mozambique Immigration for onward conveyance to his family.
You’re good at deporting fellow Africans, but you won’t touch the sacred Chinese, because they’ve corrupt Lungu’s special protection. Apply the law equally. Start deporting the illegal Chinese back to China, too. This boy is a Zambian, given the fact that his father was a Zambian citizen. You should’ve just encouraged him to apply for PR or citizenship.
Why do you have so much hate for our President ba kambwanga imwe. Na 2021 mukanya amenshi ba shetani
How can you deport a minor? Doesn’t he need protection?
Give him dual citizenship…
Give him a chance if his parents are in Zambia and they have Indefinite leave to remain. True so many illegal Chinese in our country having businesses and abusing our citizens walk free. Zambia in the Sun wonders shall never end.
Considering the juvenile’s deceased father was Zambian, deporting him would appear to be draconian and arbitrary. Am virtually certain, there are worse cases of immigration law infractions in Zambia at present.
Chinese come all the way from China with no proper documents and no one is deporting them…why harassing fellow Africans
Hatred and bitter of these ethnicity is worrying some.
I am sure this lad didnt have a lawyer…anyway don t mess about with immigration laws but 17 years is a minor .
Zambian immigration uses Chimbokaila and Kamwala Remand for such cases because they have no detention facilities. Quite unfair on people who have not committed crimes. The child will be in either Chimbokaila or Kamwala Remand as he awaits deportation because government lacks funds for such operations, unless good samaritans come on board to pay fares for an immigration officer who would accompany the child to Mozambican authorities.
Ncwala things. I will comment on this matter next week. Right now I am not in right state of mind to issue a comprehensive statement. Kz
Ba mwenye Nama Chinese full but you are busy deporting fellow Africans
Minor is suppose to be with his mother and mother is in Mozambique Right decision court